Alcohol To Minors: Virginia's Felony Laws

Alcohol offenses in Virginia can be misdemeanors or felonies. Underage possession of alcohol is a commonly cited crime in Virginia, and it is classified as a Class 1 misdemeanor. Providing alcohol to minors is also a Class 1 misdemeanor, which can result in a fine of up to $2,500 and up to 12 months in jail. DUI charges can also be misdemeanors or felonies, depending on the offender's prior convictions and the severity of any resulting injuries.

Underage possession of alcohol is a Class 1 misdemeanour

In Virginia, underage possession of alcohol is a Class 1 misdemeanour. This means that if convicted, the offender will have to pay a minimum fine of $500 or perform 50 hours of community service, on top of a possibility of up to 12 months in jail. If the offender is over 18, their driver's license will be suspended for at least 6 months.

Underage possession of alcohol is a commonly cited crime in Virginia, especially in towns with large college-age populations. The statute prohibits the consumption, possession, and purchase of alcohol by persons under 21. It also prohibits the use or attempted use of any motor vehicle operator's license, birth certificate, or student identification card of another person in order to purchase alcohol.

Virginia has a "Zero Tolerance" policy and has enacted some of the toughest laws in the United States for minors caught driving under the influence of alcohol. Under Code of Virginia § 18.2-266.1, it is illegal for anyone under the age of 21 to operate a motor vehicle after illegally consuming alcohol. A violation is a Class 1 misdemeanour, punishable by a loss of license for one year from the date of conviction and a minimum fine of $500, or 50 hours of community service. Schools have the discretionary decision to report such offences to law enforcement agencies and are required to immediately report incidents that constitute a felony offence.

Those charged with underage possession of alcohol may be eligible for pre-conviction probation. If the defendant asks the court to enter into the program and the court allows it, the defendant must complete certain requirements, including entering a treatment or education program. If the accused successfully completes the program, the court will dismiss the charge.

Providing alcohol to minors is punishable by a fine of up to $2,500

In Virginia, it is illegal for parents to serve alcohol to guests in their home unless the guests are 21 years of age or older or are accompanied by a parent, guardian, or spouse who is 21 years of age or older. Anyone, including parents, who provides alcohol to another person, knowing that the person is under 21, is guilty of a Class 1 misdemeanor. If convicted, the court may order a fine of up to $2,500 and/or jail time of up to 12 months.

Virginia has a Zero Tolerance policy and has enacted tough laws for minors caught driving under the influence of alcohol. Underage possession of alcohol is a commonly cited crime in Virginia, especially in towns with large college-age populations. It is a Class 1 misdemeanor for anyone under 21 to consume, purchase, or possess alcohol or attempt to do so. If convicted, the offender must pay a minimum fine of $500 or perform 50 hours of community service, in addition to a possible jail sentence of up to 12 months. If the offender is over 18, their driver's license will be suspended for at least 6 months.

Schools in Virginia have the discretion to report alcohol-related offenses to law enforcement agencies. They are required to immediately report incidents that constitute a felony offense. Students may be subject to school disciplinary action and criminal action, including expulsion. Virginia's Alcohol Beverage Control law allows individuals to possess and consume alcohol in their residence for personal use or for their family. However, it is illegal for parents to provide alcohol to minors unless specific conditions are met, as previously mentioned.

Other alcohol-related offenses in Virginia include public intoxication, drinking while driving, and providing alcohol to prisoners. These offenses can result in fines, jail time, or both, depending on the specific circumstances and the offender's prior convictions.

Minors can be charged with a DUI in Virginia

In Virginia, it is illegal for anyone under the age of 21 to operate a motor vehicle after consuming alcohol. This is known as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Virginia has a “Zero Tolerance” policy and some of the toughest laws in the United States for minors caught driving under the influence of alcohol. Under Virginia Code § 18.2-266.1, a person under 21 years old can be convicted of underage DUI.

If a minor is arrested for DUI, their case will be decided by a judge in a juvenile court. The penalties can include a driver's license suspension of up to one year, a minimum fine of $500, and the completion of an alcohol education program. A minor convicted of underage DUI will have a permanent criminal record, which can impact their future opportunities. They may also face six demerit points on their driving record, leading to increased insurance rates.

Virginia law prohibits anyone under 21 from having any amount of alcohol in their system while operating a motor vehicle. The Blood Alcohol Content (BAC) limit for minors is 0.02%, which is strictly enforced through breath or blood tests. It is important to note that being charged with Under 21 DUI does not automatically imply guilt, and individuals have the right to build a defense with the help of an attorney.

Underage drinking itself is also illegal in Virginia unless on private property with the permission of a legal guardian. Minors caught drinking in public can be charged with a Class 4 misdemeanor, resulting in a fine of up to $250. Additionally, the underage possession of alcohol statute prohibits the use of fake IDs to purchase alcohol and the possession of alcohol by minors. This offense is classified as a Class 1 misdemeanor, which can result in a fine, community service, or even jail time.

Minors can be charged with public intoxication

In Virginia, it is illegal for anyone under the age of 21 to consume, purchase, or possess alcohol. Underage possession of alcohol is a Class 1 misdemeanour, and the state has some of the toughest laws in the US for minors caught driving under the influence of alcohol.

Virginia Code § 18.2-388 defines public intoxication, commonly referred to as "drunk in public", as appearing intoxicated in a public place. This charge is classified as a Class 4 misdemeanour, penalized by a fine of up to $250 and a criminal conviction. Importantly, the odor of alcohol alone is not sufficient to establish intoxication. The arresting officer must describe observable signs of impairment, such as slurred speech, stumbling, erratic behaviour, or impaired coordination. No breath test is required to charge or convict someone of this offence—visual observation is enough.

To be convicted of a Virginia public intoxication charge, the Commonwealth must prove beyond a reasonable doubt that the offender was both intoxicated and in public. "Public" generally means any place visible to the public. This means that someone can be convicted of a Virginia public intoxication charge even if they were on their own property (such as their porch or yard).

If convicted, the offender will have a permanent criminal record. However, there are options for those charged with public intoxication. Virginia Code §18.2-388 states that the arresting officer may choose to take the person to a court-approved detoxification center or jail instead of arresting them. Additionally, an experienced defence attorney may be able to help obtain a dismissal of the charge.

Minors can be charged with possessing a fake ID

In Virginia, it is illegal for anyone under the age of 21 to consume, purchase, or possess alcohol. Underage possession of alcohol is a Class 1 Misdemeanor, carrying a maximum fine of $2,500 and a maximum of 12 months' incarceration. If convicted, the offender will have to pay a minimum fine of $500 or perform 50 hours of community service, in addition to a possibility of up to 12 months in jail. If the offender is over 18, their driver's license will be suspended for at least 6 months.

The use of a fake ID is often associated with underage alcohol consumption. Virginia laws punish fake ID crimes harshly. A fake ID refers to any document altered, developed, forged, or fraudulently obtained to misrepresent one's identity. These include, but are not limited to, birth certificates, driver's licenses, and school IDs. Possessing a fake birth certificate is a Class 1 misdemeanor, while possession of a fake driver's license or school ID is a Class 2 misdemeanor. An individual could also be charged with a Class 1 misdemeanor for selling, manufacturing, producing, or advertising a fake ID. However, the crime would be a Class 6 felony if they manufactured, sold, or transferred a fake birth certificate, even if it was for their own use.

The penalties for using, possessing, or distributing fake IDs are severe and can have long-term consequences on future employment, education, and other aspects of one's life. Minors who use another person's ID may also be charged with additional offenses, depending on the purpose of the ID. These additional charges can include fraud, underage DUI, or identity theft.

Frequently asked questions